Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
FOLLOWING COMPANIES:
MICROSOFT CORPORATION
HEWLETT-PACKARD COMPANY
MCAFEE, INC., MCAFEE SECURITY S.A.R.L. AND MCAFEE CO. LTD.
PLEASE SCROLL DOWN TO REVIEW THE AGREEMENTS.
license.
f. Recovery Solution. Any software recovery solution provided with/for your HP
Product, whether in the form of a hard disk drive-based solution, an external mediabased recovery solution (e.g. floppy disk, CD or DVD) or an equivalent solution
delivered in any other form, may only be used for restoring the hard disk of the HP
Product with/for which the recovery solution was originally purchased. The use of any
Microsoft operating system software contained in such recovery solution shall be
governed by the Microsoft License Agreement.
2. UPGRADES. To use a Software Product identified as an upgrade, you must first be
licensed for the original Software Product identified by HP as eligible for the upgrade.
After upgrading, you may no longer use the original Software Product that formed the
basis for your upgrade eligibility. By using the Software Product, you also agree that
HP may automatically access your HP Product when connected to the internet to
check the version or status of certain Software Products and may automatically
download and install upgrades or updates to such Software Products on to your HP
Product to provide new versions or updates required to maintain the functionality,
performance, or security of the HP Software and your HP Product and facilitate the
provision of support or other services provided to you. In certain cases, and
depending on the type of upgrade or update, notifications will be provided to you (via
pop-up or other means), which may require you to initiate the upgrade or update.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the
original Software Product provided by HP unless HP provides other terms along with
the update or supplement. In case of a conflict between such terms, the other terms
will prevail.
4. TRANSFER.
a. Third Party. The initial user of the Software Product may make a one-time transfer
of the Software Product to another end user. Any transfer must include all
component parts, media, printed materials, this EULA, and if applicable, the
Certificate of Authenticity. The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving the transferred product
must agree to all the EULA terms. Upon transfer of the Software Product, your
license is automatically terminated.
b. Restrictions. You may not rent, lease or lend the Software Product or use the
Software Product for commercial timesharing or bureau use. You may not sublicense,
assign or transfer the license or Software Product except as expressly provided in this
EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and
user documentation are owned by HP or its suppliers and are protected by law,
including but not limited to United States copyright, trade secret, and trademark law,
as well as other applicable laws and international treaty provisions. You shall not
remove any product identification, copyright notices or proprietary restrictions from
the Software Product.
6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile,
or disassemble the Software Product, except and only to the extent that the right to
do so is mandated under applicable law notwithstanding this limitation or it is
expressly provided for in this EULA.
7. TERM. This EULA is effective unless terminated or rejected. This EULA will also
terminate upon conditions set forth elsewhere in this EULA or if you fail to comply
with any term or condition of this EULA.
8. CONSENT TO COLLECTION/USE OF DATA.
a. HP will use cookies and other web technology tools to collect anonymous technical
information related to HP Software and your HP Product. This data will be used to
provide the upgrades and related support or other services described in Section 2. HP
will also collect personal information including your Internet Protocol address or other
unique identifier information associated with your HP Product and data provided by
you on registration of your HP Product. As well as providing the upgrades and related
support or other services, this data will be used for sending marketing
communications to you (in each case with your express consent where required by
applicable law).
To the extent permitted by applicable law, by accepting these terms and conditions
you consent to the collection and use of anonymous and personal data by HP, its
subsidiaries, and affiliates as described in this EULA and as further described in HPs
privacy policy http://www8.hp.com/us/en/privacy/privacy.html?
jumpid=reg_r1002_usen_c-001_title_r0001
b. Collection/Use by Third Parties. Certain software programs included in your HP
Product are provided and separately licensed to you by third party providers (Third
Party Software). Third Party Software may be installed and operational on your HP
Product even if you choose not to activate/purchase such software. Third Party
Software may collect and transmit technical information about your system (i.e., IP
address, unique device identifier, software version installed, etc.) and other system
data. This information is used by the third party to identify technical system
attributes and ensure that the most current version of the software has been installed
on your system. If you do not want the Third Party Software to collect this technical
information or automatically send you version updates, you should uninstall the
software prior to connecting to the Internet.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AS IS
AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES,
GUARANTEES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT,
ANY IMPLIED WARRANTIES, DUTIES, GUARANTEES, OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE
PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or
limitations on the duration of implied warranties, so the above disclaimer may not
apply to you in its entirety.
IN AUSTRALIA AND NEW ZEALAND, THE SOFTWARE COMES WITH GUARANTEES THAT
CANNOT BE EXCLUDED UNDER AUSTRALIAN AND NEW ZEALAND CONSUMER LAWS.
AUSTRALIAN CONSUMERS ARE ENTITLED TO A REPLACEMENT OR A REFUND FOR A
MAJOR FAILURE AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS
OR DAMAGE. AUSTRALIAN CONSUMERS ARE ALSO ENTITLED TO HAVE THE
SOFTWARE REPAIRED OR REPLACED IF IT FAILS TO BE OF ACCEPTABLE QUALITY AND
THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. NEW ZEALAND CONSUMERS
WHO ARE PURCHASING GOODS FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR
CONSUMPTION AND NOT FOR THE PURPOSE OF A BUSINESS (NEW ZEALAND
CONSUMERS) ARE ENTITLED TO REPAIR, REPLACEMENT OR REFUND FOR A FAILURE
AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE.
10. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages that
you might incur, the entire liability of HP and any of its suppliers under any provision
of this EULA and your exclusive remedy for all of the foregoing shall be limited to the
greater of the amount actually paid by you separately for the Software Product or
U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212,
Commercial Computer Software, Computer Software Documentation, and Technical
Data for Commercial Items are licensed to the U.S. Government under HP's standard
commercial license.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations
of the United States and other countries ("Export Laws") to assure that the Software
Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2)
used for any purpose prohibited by Export Laws, including, without limitation,
nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal
age of majority in your state of residence and, if applicable, you are duly authorized
by your employer to enter into this contract.
14. APPLICABLE LAW. This EULA is governed by the laws of the country in which the
equipment was purchased.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this
EULA which is included with the HP Product) is the entire agreement between you
and HP relating to the Software Product and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations
with respect to the Software Product or any other subject matter covered by this
EULA. To the extent the terms of any HP policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA shall control.
Copyright 2013 Hewlett-Packard Development Company, L.P. The information
contained herein is subject to change without notice. All other product names
mentioned herein may be trademarks of their respective companies. To the extent
permitted by applicable law, the only warranties for HP products and services are set
forth in the express warranty statements accompanying such products and services.
Nothing herein should be construed as constituting an additional warranty. To the
extent permitted by applicable law, HP shall not be liable for technical or editorial
errors or omissions contained herein.
Second Edition: December 2013
First Edition: September 2011
___END OF HEWLETT-PACKARD COMPANY END USER LICENSE
AGREEMENT___
___START OF MCAFEE, INC., MCAFEE SECURITY S.A.R.L. AND MCAFEE CO.
Your Device will not have the right to install, use, or possess the
McAfee Life of Your (Device) subscription. Any attempt to
transfer, move, or reinstall the McAfee Life of Your (Device)
subscription on another PC or device, or to install the subscription
on more than the original PC or device, or original three PCs or
devices, as applicable, will void and terminate your right to
install, use, or possess the McAfee Life of Your (Device)
subscription. In order to stay current and receive support, you must
update your McAfee Life of Your (Device) software periodically
and upgrade to the latest version of the same McAfee product level
of software. If at any time, you decide to upgrade to a different
McAfee product other than the McAfee Life of Your (Device)
subscription, that product upgrade: (1) will be subject to payment
of that products subscription/license fee; (2) will NOT be a Life
of Your (Device) license; and (3) your subscription and license to
McAfee Life of Your (Device) subscription will automatically
terminate without notice or refund of money previously paid.
3.
Product Changes.
3.1
Updates. This license does not include Updates unless you
bought a Service subscription (or received a free subscription) that
entitles you to Updates as described in the Documentation. After the
specified Service-subscription period ends, you have no further
right to receive any Updates unless you buy a new Service
subscription. If the Software is an Update to a previous version,
you must have a valid license for the previous version in order to
use the Update.
3.2.
Product Life Cycle. From time to time, at our sole
discretion, we may elect to discontinue certain McAfee Software or
Services, or particular features of Software or Services. End of
Support refers to the date when McAfee no longer provides automatic
fixes, updates or technical assistance for particular Software or
Services. If a renewal term for your subscription would expire past
the End of Support, you may not be eligible to renew your
subscription. For more information, please visit the McAfee Product
Life Cycle page: http://home.mcafee.com/Root/Support.aspx?
Page=LifeCycle.
4.
Ownership Rights.
the Software does not transfer to you any title to the intellectual
property in the Software. You will not acquire any rights to the
Software except as expressly stated in this EULA.
4.3 Proprietary Notices. You may not remove any proprietary notices
or labels on the Software or Documentation. Any authorized copy of
the Software or Documentation must contain the same proprietary
notices.
4.4 Feedback. Feedback means any comments, information, opinions,
or suggestions that you provide to us about the Software and
Service. You grant us a perpetual, nonexclusive, royalty-free,
worldwide, irrevocable license to use, copy, distribute, make
derivative works from, display, perform, or incorporate your
Feedback into any McAfee product, and otherwise commercialize the
Feedback at our sole discretion, without compensation to you and
without your approval.
5.
5.2 Exclusive Remedy. Your sole remedy, and our and our suppliers
entire liability, in case of any breach of Section 5.1 (Limited
Warranty) is that we will, at our option:
(A) refund the price you paid for the license; or
(B) replace the defective medium that contains the Software; or
(C) provide an alternative remedy as required by local consumer law
in your jurisdiction.
These remedies may not be available in some countries to the extent
that we are subject to restrictions under applicable export-control
laws and regulations.
For consumers in Australia:
The benefits to you under this
rights and remedies of you may
goods or services to which the
with guarantees that cannot be
Consumer Law. You are entitled
Service provides a
a McAfee server,
Locker online storage
apply.
register any contact as a buddy, you must have the contacts consent
before adding the contact as a buddy. If a buddy asks you to delete
his or her contact details from your buddy list, you must
immediately do so.
20.
23. Export Controls. Your use of the Software and its related
Documentation, including technical data, may not be exported or reexported in violation of the U.S. Export Administration Act, its
implementing laws and regulations, the laws and regulations of other
U.S. agencies, or the export and import laws of the jurisdiction in
which you obtained the Software. Export to a particular individual,
entity, or country may be prohibited by law. Information about
import restrictions can be found at the following websites:
http://www.treas.gov/ofac
www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm.
24. Disclaimer for High-Risk Activities. The Software is not faulttolerant and is not designed or intended for high-risk activities
such as use in hazardous environments requiring failsafe
performance, including nuclear-facilities operations, aircraftnavigation or -communication systems, air-traffic control, weapons
systems, direct life-support machines, or any other application in
which the failure of the Software could lead directly to death,
personal injury, or severe physical or property damage. We expressly
disclaim any express or implied warranty of fitness for high-risk
activities.
25. Open-Source and Free Software. This product may include some
software programs that are licensed or sublicensed to the end user
under the GNU General Public License (GPL) or other similar freesoftware licenses. These licenses permit the user to copy, modify,
and redistribute certain programs, or portions of them, and have
access to the source code.
25.1Source Code. If software is covered under the GPL and
distributed to a user in an executable binary format, the source
code must be made available to the user. For any software on a CDROM covered under the GPL, the source code is also made available on
the CD-ROM.
25.2Broader Rights of Free Software. If any free-software licenses
require us to provide rights to use, copy, or modify a free-software
program that are broader than the rights granted in this EULA, then
those free-software-license rights take precedence over the other
rights and restrictions in this EULA.
26. End-User Customer Support. End users with unexpired, paid
subscriptions will receive technical support in accordance with our
current standard-support offerings, policies, and procedures as set
forth on http://service.mcafee.com. Our standard-support offerings,
policies, and procedures may change from time to time at our sole
discretion and may vary by country. Any obligation we may have to
support the previous version of the Software ends when the Update
becomes available.
27. Audit. We may periodically use technological features to audit
you to ensure that you are not using any Software in violation of
this EULA. You agree to the transfer of information related to these
(A) THE UNITED STATES FEDERAL ARBITRATION ACT APPLIES TO THIS EULA.
EXCEPT FOR SMALL CLAIMS COURT CASES AS DESCRIBED IN SUBSECTION (B),
ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS EULA OR
FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR
FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES) WILL BE
RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB").
(B) A CLAIM CAN BE BROUGHT IN SMALL CLAIMS COURT, RATHER THAN
ARBITRATION, IF THE REQUIREMENTS OF APPLICABLE LAW ARE MET, SUCH AS
THOSE REGARDING THE AMOUNT OF THE CLAIM AND VENUE.
(C) UNLESS YOU AND MCAFEE AGREE OTHERWISE, THE ARBITRATION WILL TAKE
PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. THE PARTY BRINGING THE
CLAIM CAN CHOOSE EITHER THE AAA'S RULES OR THE BBB'S RULES FOR
BINDING ARBITRATION. YOU CAN GET PROCEDURES, RULES AND FEE
INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR
FROM US. FOR CLAIMS OF US$10,000 (OR THE EQUIVALENT AMOUNT IN
NATIONAL CURRENCY) OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE
ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE
ARBITRATOR, OR BY A HEARING INPERSON OR BY PHONE. FOR CLAIMS OVER
THIS AMOUNT, THE ARBITRATION WILL BE A HEARING IN PERSON.
(D) NO CLASS OR COLLECTIVE ARBITRATIONS ARE ALLOWED EVEN IF THE AAA
OR BBB PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS EULA, THE ARBITRATOR MAY
AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR
REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR
PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER
THIS EULA.
(E) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS EULA, THE
PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE
DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING
ARBITRATION. NOTICE TO MCAFEE SHOULD BE SENT TO MCAFEE, INC. 5000
HEADQUARTERS DRIVE, PLANO, TEXAS, USA, 74024, ATTENTION: LEGAL
AFFAIRS. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE
RELIEF BEING SOUGHT. IF YOU AND MCAFEE ARE UNABLE TO RESOLVE OUR
DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A
CLAIM FOR ARBITRATION. WE'LL PAY ANY FILING FEE THAT THE AAA OR BBB
CHARGES YOU FOR ARBITRATION OF THE DISPUTE.
(F) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT
OFFER ANYTIME BEFORE ARBITRATION BEGINS. THE AMOUNT OR TERMS OF ANY
SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER
THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM.
(G) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY
TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO
ENFORCE THE AWARD ITSELF.
(H) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET
FORTH IN SUBSECTION (D) CANNOT BE ENFORCED, THEN THE AGREEMENT TO
ARBITRATE WILL NOT APPLY.
(I) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH
ARBITRATION, YOU AND MCAFEE AGREE THAT THERE WILL NOT BE A JURY
TRIAL. YOU AND MCAFEE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY
JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS
EULA OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM
US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES). IN
THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A
WRITTEN CONSENT TO A TRIAL BY THE COURT. IN ADDITION, YOU AND MCAFEE
CONSENT TO:
(1) if Subsection 29.1 applies, the non-exclusive jurisdiction of
the United States District Court for the Southern District of New
York and the State Courts in New York County, New York;
(2) if Subsection 29.2 applies, the federal and provincial courts
sitting in Toronto, Ontario;
(3) if Subsection 29.3 applies, the non-exclusive jurisdiction of
the courts of Japan; and
(4) if Subsection 29.4 or Subsection 29.5 apply, the non-exclusive
jurisdiction of the courts of Ireland.
30. Miscellaneous.
30.1Entire Agreement. This EULA sets forth all rights for the user
of the Software and Documentation and is the entire agreement
between the parties. This EULA supersedes any other communications,
representations, or advertising relating to the Software and
Documentation.
30.2No Waivers. We do not waive any provision of this EULA unless we
waive it in a signed writing.
30.3Severability. If any part of this EULA is for any reason held to
be unenforceable, the rest of it remains fully enforceable.
30.4Headings. Headings are for convenience and do not affect the
interpretation of this EULA.
30.5Including; Includes. Unless the context requires otherwise,
including means including but not limited to and includes
means includes but is not limited to.
31. Contact Us; Customer Service. If you have any questions about
these terms and conditions, or if you would like to contact us for
any other reason, you may contact your local McAfee entity at
http://service.mcafee.com/, or by calling 866-622-3911, or by
writing with detailed account information, including your name and
the e-mail address registered to the account, to: McAfee, Inc.,
Attention: Customer Service, 2821 Mission College Blvd., Santa
Clara, CA 95054.
32. Definitions.
32.1Australian Consumer Law means Schedule 2 of the Competition
and Consumer Act 2010 (Cth);
32.2Authorized Partner means our distributors, resellers, service
providers, and other business partners, including but not limited to
Computer manufacturers.